Ravindra Kumar Poswal And Ors. @APPELLANT@Hash Shri D.B. Gupta Additional Chief Secretary Shri D.B. Gupta Additional Chief Secretary

Mr. Rajendra Prasad, AAG at the outset submitted that of the five petitioners in the contempt petition, two Rajesh Kumar Meena and Rakesh Singh

have been appointed to the post of Junior Accountant pursuant to the judgment dated 16.3.2018. He submitted that however there is a serious issue

with regard to eligibility of the petitioner nos. 1, 2 and 3 as they were not in service on the last date of submission of applications for examination for

appointment to the post of Junior Accountant, which was 15.5.2015. And in fact petitioner nos. 1, 2 and 3 were appointed in the ministerial cadre over

a year subsequent to the last date. RPSC vide its letter dated 27.3.2018 to the Director, Treasury and Accounts has recorded that petitioner nos. 1, 2

and 3 were not eligible to avail the quota for ministerial employees for appointment as Junior Accountants.

Mr. Rajendra Prasad, AAG then submitted that the order dated 16.3.2018 in S.B. Civil Writ Petition No. 5806/2018 is an ex-parte order wherein the

issue of eligibility of the petitioner nos. 1, 2 and 3 for appointment to the post of Junior Accountant in the quota for substantive employees in the

Ministerial Cadre at the relevant date was not under consideration before the Single Judge and no finding thereon arrived or directions in regard

thereto passed. He submitted that in these circumstances, the contemnor no.2, the appointing authority for the post of Junior Accountant also a

respondent in the writ petition, has been advised to file a review petition, which is in the process of being filed. Mr. Rajendra Prasad then pointed out

the judgment dated 16.3.2018, of which contempt is alleged, referred to the judgment in the case of Lokendra Singh Versus State of Rajasthan &

Ors. (S.B. Civil Writ Petition No. 10008/2017) decided on 30.11.2017. The respondents thus had one full month to comply with the court’s

direction in the judgment dated 16.3.2018 and assess its option in regard thereto. Yet the contempt notice at the instance of petitioner no.1 was issued

following the judgment dated 16.3.2018 i.e. 17.3.2018 without waiting for the expiry of one month as was warranted under the judgment of which

contempt is alleged. Mr. Rajendra Prasad submitted that the petitioner nos. 1 to 3 are thus evidently seeking to rush their appointment under pressure

of contempt without as much as breathing time to the respondents arrayed as contemnors, as responsible officers of the State, to set up their version

on the eligibility of the petitioner nos. 1, 2 and 3 to be appointed as Junior Accountants in the quota reserved for ministerial employees.

Mr. Ajat Shatru Mina, counsel for the petitioners submitted that the issue of eligibility with reference to the extended date for filing applications for

writing the examination for appointment to the post of Junior Accountants has been settled by the Division Bench of this Court and cannot be re-

agitated by the contemnors. Petitioner nos. 1, 2 and 3 were eligible. He however submitted that as the contemnors seek liberty to take their remedy

by way of review or D.B. Special Appeal against the judgment dated 16.3.2018, the petitioner nos. 1, 2 and 3 be permitted to withdraw this contempt

petition with liberty to file afresh subsequently at the appropriate time. They also for reason of abundant caution be granted liberty to challengeÂ

RPSC’s letter dated 27.3.2018 holding the petitioners 1, 2 and 3 as ineligible to avail the quota reserved for ministerial employees for appointment

on the posts of Junior Accountant as are in issue.

Heard. Considered.

In the context of the submissions of Mr. Rajendra Prasad, AAG for the contemnors and Mr. Ajat Shatru Mina for the petitioners, this contempt

petition qua petitioners no. 1, 2 and 3 is dismissed as withdrawn with liberty, as prayed for. It goes without saying that the petitioners no. 1, 2 and 3

shall also be free, as always they are, to lay a challenge to their aggrievement, in the instant case, to letter dated 27.3.2018 addressed by RPSC to

the Director, Treasury & Accounts. The contempt petition to the extent of petitioner nos. 4 and 5 is infructuous, they having been appointed as Junior

Accountants.

Contempt petition stands disposed of accordingly, with liberty, as prayed for.